Mendoza v Pascual 2016 WL 320951 (S.D. Georgia, 2016) [Mexico][Petition denied]

Court appointed a guardian ad litem for minor child who submitted a report to the Court and testified briefly. There was insufficient evidence that Mexico ever became A.M.'s habitual residence. Therefore, the retention of A.M. in Illinois in August 2014 was not a wrongful retention within the meaning of Article 3 of the Hague Convention and without a wrongful retention, this Court has no authority to order the child to be returned to Mexico.

Application of Martinez v Fuentes, 2016 WL 1734107 (WD Oklahoma) [Mexico] [Equitable jurisdiction]

The district court found that the Petitioner established his prima facie case, and that there  was an insufficient factual basis to conclude by clear and convincing evidence that there was a grave risk of harm to the Children if they were returned to Mexico,. The Court declined to exercise its limited discretion under the Hague Convention and ICARA to refuse to return the Children to their country of habitual residence. 

Lamire v Audette 2016 WL 452317 (MD Fla, 2016 ) [Canada] (Costs)

 Recommended attorneys fee award of $3,839.88 was reduced by $670.00, for a fee award of $3,169.88 and a total award of fees, costs, and expenses of $4,547.84.

In Re K.J 2016 WL 874360 (SD Fla, 2016) [Sweden] [Petition granted] [now settled defense not established]

 Although more than one year passed between the date of wrongful removal and the date of filing the Court found that K.J.  was not now settled in his new environment. Age and maturity defense not established where 11 year old child, was found sufficiently mature that his views should be taken into account and did not object to returning to Sweden. At most, K.J. was ambivalent as to whether to remain in the United States or return to Sweden. Such ambivalence in K.J.'s wishes with respect to returning to Sweden was insufficient to meet Respondent's burden of proof as to this exception.

Guevara v Soto, 2016 WL 1558384 (E.D. Tenn, 2016) [Mexico] [Petition granted]

 Defendant did not prove that plaintiff consented to or subsequently acquiesced in the child's removal or retention. Although the child was removed from Mexico to the United States more than a year before the petition was filed the child was not now settled in his new environment; nor did she establish the  Agrave risk exception. While defendant alleged that she was fearful to return to Mexico, she did not prove that there was a grave risk of harm that returning the child to Mexico would either place him in danger prior to resolution of a custody hearing or subject him to serious abuse or neglect from plaintiff. She did not allege that plaintiff abused the child or that the Mexican courts would be unwilling or incapable of protecting the child during the pendency of a custody hearing, or that she would be denied due process of law for a custody hearing in Mexico. 

Godoy v De Batres 2016 WL 397471 (D.Colo, 2016 ) [El Salvador] [Fees & Expenses]

 Petitioner awarded costs as necessary expenses for filing and service fees ($564.50); translation costs ($523.30); and interpreter services ($850.00).  

De La Riva v Soto, 2016 WL 1696539 (M.D. Florida, 2016) [Mexico][Petition granted] [Patria Potesas] [Equitable Discretion under Article 18]

 Wrongful retention of child in Florida at end of agreed upon visitation. Petitioner had rights of custody under the doctrine of Patria Potestas. Although the now settled child exception was available the court preferred to return the child in view of his unsettled immigration status. Additionally, the court would exercise its Aequitable discretion under Article 18 to order the childs return.